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Восстановления срока вступления в наследство -

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It is important to submit documents for inheritance within 6 months from the date of death of the testator. If this time is missed, the inherited property objects are transferred to other persons or even to the state. However, the legislation still provides for the renewal of this lost time. However — only with a really good reason, which can be proved in compliance with a number of other requirements. How can you recover lost inheritance time? What is required?

 

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What specifically needs to be done in six months

The legislation allocates this period to the heir not for the entire process of registration. This time applies only to the acceptance of the inheritance. This procedure is relatively simple: an appropriate application is submitted to a notary (his place of work must correspond to the place of the last residence of the testator). Follow-up actions can be done after 6 months. However, before that, you need to «stake out» your own right to the inheritance or part of it (the latter applies to cases where there are other heirs). It is enough to first submit the application, you can think about the rest later.

 

In the event that there was no entry into the inheritance for six months, you lose the right to it. That part of it that you could inherit is distributed among the rest of the heirs, if they themselves submitted applications on time. In their absence, the inheritance goes into the category of escheat and goes to the state. In this case, it does not matter for inheritance — the rules are similar for heirs by will and law.

 

However, there is a nuance — in the case of the consent of other heirs or if there is a good reason for missing the deadline of Art. 1 155 of the Civil Code of the Russian Federation guarantees the restoration of the missed entry time. There are judicial and conciliation procedures for this. The heir can choose his option to choose from — there is no pre-trial procedure for regulating such disputes by law.

Consensual renewal of the term

If there are other heirs, besides you, who have reacted more responsibly to the entry, that is, they submitted the application in a timely manner, then went through the reception and entry, when the notary issued them the necessary certificates. Provided that each such heir agrees to share with you, the notary has the right to include you among the inheritors, even if your application is submitted after 6 months. The reason for the lost time is not important in this case.

 

Moreover, other heirs are required to express their consent to this in writing at the notary. If even one of them refuses to extend the time of entry through the conciliation procedure, it will be impossible.

 

If time is missed by the heir, who was the only one in this situation who had the right to inherit, as well as if the deadline is missed by all heirs (if there were 2 or more), the missed time can be restored purely in court.

 

Restoration of the date of entry into the inheritance

 

1. Sending consent requests to other heirs

 

An heir who missed the deadline may send such a request to other heirs if they entered into inheritance rights on time. You need to send a separate request to each of them. It has a free form and must contain a request to express consent to include you in the list of inheritors. However, these requests can even be made verbally.

 

2. Obtaining consent

 

Such heirs have the right to draw up a paper on their consent together if they express their will regarding the assignment of the heir who has missed the deadline to the number of inheritors. This is done at the notary who opened the inheritance. It is possible for each heir to send such consent in a separate order. However, when submitting them using mail or intermediaries, each such paper must have a notarization.

 

Such consent implies a redistribution of parts of the inheritance, taking into account the share of the heir who missed the time. This means a reduction in their own parts, sometimes even a complete loss of inheritance rights.

 

Moreover, no successful heir is obliged to name the reasons why he agrees or disagrees with the above.

 

3. Obtaining a hereditary certificate

 

The consent of the heirs who managed to enter into the rights of the heirs becomes the reason for the cancellation by the notary of the inheritance certificate already issued by him, and also entails the execution of a new similar paper. Moreover, a new certificate will have to be issued to each heir. In the case when their issuance was not made, the notary must issue them on the basis of the application of the heirs, including the one who restored the term.

 

In a situation where the successful heirs have re-registered the property, the notarial resolution, together with the new certificate, serve as the reasons for the changes made to the Rosreestr.

 

The law does not establish a time limit for entry, when the term is restored through the conciliation procedure.

Judicial renewal

If the heirs disagree or the conciliation procedure is unacceptable, the heir who missed the time can sue. Such a dispute will be considered on the basis of a claim. As defendants will be the rest of the heirs who managed to enter into rights. The probability of success for the plaintiff is only when 2 requirements are immediately met:

  • missing time for a reason that can be qualified as a valid reason, or if the plaintiff does not know about the death of the testator;
  • the plaintiff’s appeal to the court within a 6-month period after the disappearance of a good reason (this period cannot be restored).

Do you have any questions?

 

When considering a case for the renewal of a missed inheritance time, the court will primarily examine the reason for the omission in order to assess its validity.

 

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Спасибо за обращение!
Мы свяжемся с вами в ближайшее время. В случае возникновения вопросов, вы можете написать нам на почту support@mosadvisor.ru или позвонить по телефону
+7 (499) 394-39-78
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